In a recent judgment, the Supreme Court of India addressed a critical question: Can a person who has been awarded monetary compensation but has not yet received it file an appeal as an indigent? The court clarified that such a person is indeed entitled to file an appeal as an indigent, provided they meet the criteria of indigence at the time of filing the appeal.
Legal Context and Criteria
The court emphasized that the right to appeal is fundamental, and financial incapacity should not hinder a person from exercising this right. The status of an indigent person is determined based on their financial situation at the time of filing the appeal, regardless of the judgment amount awarded but not yet received.
This ruling is significant because it ensures that justice is accessible to all, irrespective of their financial standing. The court noted that the inability to collect a judgment immediately does not change the appellant’s indigent status, allowing them to seek justice without the burden of court fees.
Practical Implications
For individuals who have been awarded compensation but face difficulties in collecting it, this ruling provides a pathway to continue their legal battle without additional financial strain. The court’s decision underscores the principle that justice should be fair and accessible, protecting the rights of those who might otherwise be disenfranchised due to financial constraints.